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Your Trusted Hamilton Boat Accident Lawyers
If you have been injured in an accident involving a boat or personal watercraft (such as jet skis), contact the Personal Injury Law group at Ross & McBride. Our legal team is experienced in boat accidents and we can help you pursue compensation for your injuries. These cases involve no upfront costs to you and you will only pay legal fees if you obtain compensation for your case.
Boating accidents, although usually involving vessels with engines, are not treated under the same no-fault benefit scheme available for regular motor vehicle accidents. Thus even if the vessel is covered by an insurance policy, obtaining compensation for treatment outside of the public medical system can be challenging and usually requires the assistance of an experienced boat accident lawyer.
However, just like operators of motor vehicles, boat operators are liable for their behaviour, this means that if the driver of your boat, or another boat, is at fault for the injuries you’ve sustained, you may be entitled to bring an action against them for negligence.
What Are the Most Common Causes of Boating Accidents in Ontario?
Every boating accident has its own specific circumstances, but many incidents are tied to these common safety issues:
- Alcohol consumption plays a role in a large number of boating accidents
- Operator error and inexperience make accidents more likely
- Distracted boating (i.e. use of an electronic device) can be just as dangerous in a boat as in a motor vehicle
- Equipment failure and mechanical defects can make it impossible to operate the boat safely
- Weather conditions can cause rough water, low visibility and other unsafe boating conditions
- Not having sufficient life jackets or life rafts on commercial boats as required under boating regulations can lead to drowning fatalities or hyperthermia
- Speeding in motorized watercraft can result in collisions with other vessels or swimmers
- Drug use by boat operators can impair their ability to safely operate the vessel
- Negligence by boat owners in maintaining their craft and complying with boating laws and regulations can lead to unsafe conditions
We fight to have your injury classified correctly and ensure your personal injury claim reflects the true scope of your suffering.
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Types of Boat Accidents
Boat accidents can happen in many ways. No matter how your boat accident unfolded, consulting a boat accident lawyer about fair compensation for your injuries should be one of your top priorities. This is particularly true with boating cases as the details of the incident are often quite unique, and liability can be difficult to establish.
Some types of boat accidents include:
- Collisions between two power boats
- Collisions between a power boat and a sailboat, canoe or kayak
- Collisions between a boat and a jet ski
- Collisions between a jet ski and at sailboat, canoe or kayak
- A swimmer suffers injuries from contact with a boat, jet ski or propellor
- Boat or jet ski crashes into a dock or marina
- A boat or jet ski comes up onto a beach where people are located
- Passengers falling off a boat
- A person falls out of a boat without a personal floatation device
- Adverse weather conditions make the boat unsteady, causing injuries to passengers
Common Types of Injuries From Boat Accidents
Boat accident injuries can range from scrapes and bruises to loss of life. Some of the most common boating accident injuries include:
- traumatic brain injuries from head trauma
- broken bones
- spinal cord injuries
- drowning
- cuts or amputations from motor propellers for swimmers or people who have fallen into the water
- herniated discs from rough waters, causing long-term back pain or nerve damage
- severe hyperthermia from falling into cold water, like in Lake Ontario
What Compensation Boat Accident Victims May Recover in Ontario
Compensation for boat accident victims depends on the circumstances of the accident, who was involved (individuals and/or companies) and the extent of the injuries suffered.
Unique to boating accidents, the Marine Liability Act applies to commercial ships and boats and limits the total award for an accident that cause personal injury or death at $1.5 million, provided the vessel is less than 300 tonnes. This would include pretty much all cases arising from personal watercraft accidents.
In such cases, the amount of compensation is decided by a Court based on the level of wrongdoing and the extent of the injuries. Will you have a full recovery, or will your life be changed forever? How large are your medical expenses? Has someone lost their life and left dependents behind? Are you able to work or have you had to stop your employment? Do you play any role in the incident from your own actions?
Your personal injury lawyers can help you understand the level of compensation that is realistic in your case. They will also negotiate with any insurance companies involved so that you do not feel pressured to accept low offers.
Who Could Be Held Liable for a Boating Accident?
The boat operator is not the only one who can be held liable for a boating accident and boating fatalities or injuries. Multiple people can be liable in the same incident for their different roles in what happened. Identifying all the rights parties is particular critical in boating cases as not all boat owners carry insurance policies. Here are a few examples of people who could be found responsible:
- the company that owns a commercial or tour boat if they or their employees were negligent, with maximum liability for loss of life or personal injury set at $1.5 million under the Marine Liability Act
- the company that owns or manages a marina, lock, or private waterway may be liable for conditions that contributed to a boating accident
- the people who perform maintenance on the boat can be liable if negligence in repair or maintenance played a role in the incident
- other boaters who contributed to the accident may be liable along with the boat operator who was directly involved in the collision
- the owner of a jet-ski rental or other equipment rental business that rented the watercraft involved in the accident may be liable if rules and regulations were not followed in the rental of the equipment
People often think that driving on the water is less regulated than driving on roads, but there are both Federal and Ontario regulations that apply to watercraft, including licensing requirements. We can help you seek justice when someone has ignored the rules or operated their boat in an unsafe manner.
What to Do Immediately After a Boating Accident
Immediately after your boating accident, you should seek medical attention for your injuries (or the injuries or death of a loved one).
Once everyone who needs it has received medical attention, get legal advice on liability for your accident as soon as possible. Contacting a boat accident lawyer should be a top priority after an accident to begin the legal process. In boating accidents, witness testimony is usually critical and detailed police reports can be less common. The earlier statements are obtained, the sooner you can start to build a case about the accident.
Like most lawsuits, there is a two-year statute of limitations in Ontario for filing a boating accident injury claim.
How a Boat Accident Lawyer in Hamilton Can Help
After a boating accident, it is easy to be overwhelmed with the many things you need to do. An experienced boat accident lawyer can help with these tasks, among others:
- obtain and preserve evidence for your case, like witness statements
- communicate with your insurance company and the insurers of other boaters and other vessels involved
- use their regulatory knowledge to determine whether anyone has broken laws or regulations or acted with negligence
- assess whether criminal charges for operating a watercraft under the influence or reckless operation of the watercraft are likely in addition to your personal injury case
- investigate whether the other boaters had a valid pleasure craft license
- pursue your claim through the litigation process to get you the compensation you are entitled from the insurer
Why Choose Our Boating Accident Lawyers in Hamilton
When you’re looking for experienced boat accident lawyer in Hamilton, Ontario, it’s important to find personal injury lawyers with experience with watercraft litigation, marine insurance, and the Marine Liability Act. You’ll also want a lawyer that has experienced with other areas of compensation, as you’ll likely need to rely extensively on things like long-term disability and extended health benefits while you recover.
With extensive experience in all these matters, the personal injury lawyers at Ross & McBride are available today for a free consultation on your case.